Dodging Grenades

When identifying who to sue for intellectual property infringement, generally the company infringing the intellectual property rights is named as a defendant in the infringement action and not the directors individually as a joint tortfeasor (joint infringer). However, a recent decision of the Intellectual Property Enterprise Court has indicated that in certain circumstances it may…

In A Barrel…

The EU’s General Court recently found that the trade mark ‘NIAGARA’ was descriptive for bottled water and similar goods. It held that the public were likely to perceive ‘niagara’ as indicating the origin of the applicant’s goods (i.e. Niagara Falls) and – as such – the word must be kept free in order to allow…

Trademarks – risks and issues with distributors

Distribution Disasters In the last year, we’ve noticed a significant rise in the number of clients either looking to register trade marks overseas and then finding they’re ‘blocked’ by trade mark applications filed by their own distributors or clients’ trade mark watching services picking up applications filed by their own distributors. While, in most cases,…